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1 Supervisor Drug-Free Supervisor Drug-Free Workplace Workplace Working Partners for an Alcohol- and Drug-Free Workplace Provided by the Office of the Assistant Secretary for Policy U.S. Department of Labor

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Page 1: 1 Supervisor Drug-Free Workplace Working Partners for an Alcohol- and Drug-Free Workplace Provided by the Office of the Assistant Secretary for Policy

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Supervisor Drug-Free Supervisor Drug-Free WorkplaceWorkplace

Working Partners for an Alcohol- and Drug-Free Workplace

Provided by the Office of the Assistant Secretary for PolicyU.S. Department of Labor

Page 2: 1 Supervisor Drug-Free Workplace Working Partners for an Alcohol- and Drug-Free Workplace Provided by the Office of the Assistant Secretary for Policy

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Supervisor Training OutlineSupervisor Training Outline Objectives of training Overview of Drug-Free Workplace Policy Supervisors’ responsibilities Identifying performance problems and handling

potential crisis situations Recognizing problems Intervention and referral Protecting confidentiality Continued supervision Enabling and supervisor traps Dos and Don’ts for supervisors

Page 3: 1 Supervisor Drug-Free Workplace Working Partners for an Alcohol- and Drug-Free Workplace Provided by the Office of the Assistant Secretary for Policy

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Objectives of TrainingObjectives of Training

The different components of the Drug-Free Workplace Policy

Their role in implementing the Drug-Free Workplace Policy

At the end of the training, supervisors should understand:

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At the end of the training, supervisors should know how to:

Identify and investigate crisis situations Recognize workplace problems that may be

related to alcohol and other drugs Intervene in problem situations Refer employees who have problems with

alcohol and other drugs Protect employee confidentiality Continue to supervise employees who have

been referred to assistance Avoid enabling and supervisor traps

Page 5: 1 Supervisor Drug-Free Workplace Working Partners for an Alcohol- and Drug-Free Workplace Provided by the Office of the Assistant Secretary for Policy

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Overview of Drug-Free Overview of Drug-Free Workplace PolicyWorkplace Policy

Sends a clear message that use of alcohol and drugs in the workplace is prohibited

Encourages employees who have problems with alcohol and other drugs to voluntarily seek help

The Drug-Free Workplace Policy accomplishes two major things:

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The Drug-Free Workplace Policy exists to:

Protect the health and safety of all employees, customers and the public

Safeguard employer assets from theft and destruction

Protect trade secrets Maintain product quality and company

integrity and reputation Comply with the Drug-Free Workplace Act

of 1988 or any other applicable laws

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The Drug-Free Workplace Policy answers the following questions:

What is the purpose of the policy and program?

Who is covered by the policy? When does the policy apply? What behavior is prohibited? Are employees required to notify

supervisors of drug-related convictions? Does the policy include searches? Does the program include drug testing?

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What are the consequences for violating the policy?

Are there Return-to-Work Agreements? What type of assistance is available to

employees needing help? How is employee confidentiality protected? Who is responsible for enforcing the policy? How is the policy communicated to

employees?

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Supervisors’ ResponsibilitiesSupervisors’ Responsibilities

Maintain a safe, secure and productive environment for employees

Evaluate and discuss performance with employees

Treat all employees fairlyAct in a manner that does not demean or

label people

It is your responsibility, as a supervisor, to:

Page 10: 1 Supervisor Drug-Free Workplace Working Partners for an Alcohol- and Drug-Free Workplace Provided by the Office of the Assistant Secretary for Policy

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It is NOT your responsibility, as a supervisor, to:

Diagnose drug and alcohol problems

Have all the answers

Provide counseling or therapy

Be a police officer

Page 11: 1 Supervisor Drug-Free Workplace Working Partners for an Alcohol- and Drug-Free Workplace Provided by the Office of the Assistant Secretary for Policy

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Legally sensitive areas:

Safeguard employees’ confidentiality Ensure the policy is clearly communicated Establish procedures to thoroughly

investigate alleged violations Provide due process and ample

opportunity for response to allegations If testing is included, ensure quality control

and confirmation of positive tests Conform to union contracts, if applicable

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Identifying Performance Problems and Identifying Performance Problems and Handling Potential Crisis SituationsHandling Potential Crisis Situations

Distinguishing between a crisis situation and a performance problem

Crisis situations are less common than performance problems and can consist of:– Dangerous behavior– Threatening behavior– Obvious impairment– Possession of alcohol and other drugs– Illegal activity

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Questions to consider when investigating

a potential drug or alcohol crisis situation:

What exactly do you see? Does there appear to be illegal activity, policy violations or unusual

behavior taking place? Is a group of people involved or a single employee? Are you the direct supervisor to anyone involved in the incident? Are reliable witnesses available? Is any physical danger involved in taking action or not taking action?

(cont.)

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Is the situation serious enough to require calling security or law enforcement?

Is there a specific policy that applies to the situation?

Does the situation require expert consultation from Human Resources, the Employee Assistance Program (EAP), if applicable, or security?

Is this a situation that calls for reasonable-suspicion testing?

Have you documented what you see and what you have done in response?

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Recommended actions to take whenconfronted with a possible drug oralcohol situation:

Ask the employee to come to private area with another supervisor and/or security personnel

Inquire about the behavior, rumor or report

Inform the employee of your concerns

Get his or her explanation of what is going on

If you feel there is a problem, notify your superior

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If there is evidence or suspicion of recent use, and based upon the employee’s response and your drug-free workplace policy, the supervisor should:

Refer the employee to the Human Resources Dept. or EAP, if applicable

Place the employee on suspension until a formal investigation takes place

Arrange for the employee to be escorted home

After consultation with the HR Director, escort the employee to a collection for the drug test, if applicable

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Recognizing ProblemsRecognizing Problems

Addiction:

The irresistible compulsion to use alcohol and other drugs despite adverse consequences. It is characterized by repeated failures to control use, increased tolerance and increased disruption in the family.

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Ongoing performance problems that do not respond to normal supervisory actions may be signs of addiction and other personal problems and may require more intervention. Examples of common performance problems that may be indicators of underlying addiction include:

Poor attendance - tardiness, unexplained

absences, long lunches Co-workers or customer complaints Mistakes and missed deadlines

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Intervention and ReferralIntervention and Referral

Document the performance problem Get yourself ready Set the stage Use constructive confrontation Refer for assistance Follow up on progress towards meeting

performance goals

Steps to take when you have identified a performance problem:

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Constructive confrontation:

Tell employee you are concerned about his/her performance

State problem

Refer to documentation of specific events

Avoid over-generalizations

Ask for explanation

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Avoid getting involved in discussions of personal problems

Try to get employee to acknowledge what you see as the problem

State what must be done to correct problem

Set time frame for performance improvement

Specify consequences if problem continues

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Protecting ConfidentialityProtecting Confidentiality

For supervisor referrals to be effective, an employee needs to know that:

Problems will not be made public Conversations with an EAP professional -

or other referral agent - are private and will be protected

All information related to performance issues will be maintained in his/her personnel file

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Information about referral to treatment, however, will be kept separately

Information about treatment for addiction or mental illness is not a matter of public record and cannot be shared without a signed release from the employee

If an employee chooses to tell coworkers about his/her private concerns, that is his/her decisions

When an employee tells his/her supervisor something in confidence, supervisors are obligated to protect that disclosure

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If EAP services are available, employees are also assured that:

EAP records are separate from personnel records and can be accessed only with a signed release from the employee

EAP professionals are bound by a code of ethics to protect the confidentiality of the employees and family members that they serve

There are clear limits on when and what information an EAP professional can share and with whom

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However, there are some limits on confidentiality that may require:

Disclosure of child abuse, elder abuse and serious threats of homicide or suicide as dictated by state law

Reporting participation in an EAP to the referring supervisor

Reporting the results of assessment and evaluation following a positive drug test

Verifying medical information to authorize release time or satisfy fitness-for-duty concerns as specified in company policy

Revealing medical information to the insurance company in order to qualify for coverage under a benefits plan

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Continued SupervisionContinued Supervision

Continuing feedback about behavior and performance

Encouragement to follow through with continuing care and support groups

Accurate performance appraisals and fair treatment Time to adjust to doing things differently Respect for his or her privacy Open lines of communication Corrective action if old behaviors reappear

After constructive confrontation and referral, the employee will need:

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EnablingEnabling

Enabling: Action that you take that protects the employee from the consequences of his/her actions and actually helps the employee to NOT deal with the problem.

Examples of enabling:

Covering Up Rationalizing Withdrawing/Avoiding

Blaming Controlling Threatening

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Supervisor TrapsSupervisor Traps

SympathyExcusesApologyDiversions

InnocenceAngerPity Tears

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Dos for SupervisorsDos for Supervisors

DO emphasize that you only are concerned with work performance or conduct

DO have documentation or performance in front of you when you talk with the employee

DO remember that many problems get worse without assistance

DO emphasize that conversations with an EAP, if applicable, are confidential

DO explain that an EAP, if applicable, is voluntary and exists to help the employee

DO call an EAP, if applicable, to discuss how to make a referral

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Don’ts for SupervisorsDon’ts for Supervisors

DON’T try to diagnose the problem

DON’T moralize. Limit comments to job performance and conduct issues only

DON’T discuss alcohol and drug use

DON’T be misled by sympathy-evoking tactics

DON’T cover up. If you protect people, it enables them to stay the same

DON’T make threats that you do not intend to carry out

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A Roadmap to a Safer, A Roadmap to a Safer, Drug-Free WorkplaceDrug-Free Workplace

Identify and investigate crisis situations Recognize workplace problems that may be

related to alcohol and other drugs Intervene in problem situations Refer employees who have problems with alcohol

and other drugs Protect employee confidentiality Continue to supervise employees who have been

referred to assistance Avoid enabling and common supervisor traps